PUFFER-HEFTY SCHOOL v. DU PAGE REGIONAL BD.

• Decision Date: 25 April 2003
• Docket Number: No. 2-02-0196.,2-02-0196.
• Citation: 789 N.E.2d 800,273 Ill.Dec. 626,339 Ill. App.3d 194
• Parties: PUFFER-HEFTY SCHOOL DISTRICT No. 69 and Bruce Weeks, Plaintiffs-Appellants, v. The DU PAGE REGIONAL BOARD OF SCHOOL TRUSTEES OF DU PAGE COUNTY and its Members, R. Donald Mahlke, Laura Pollastrini, Joseph Patricelli, Gloria K. Scigousky, Martha Rogers, Debra Olson, Gwendolyn L. Bates, and Berardo J. Desimone, Regional Superintendent of the Schools of Du Page County and ex officio Secretary of the Regional Board of School Trustees for Du Page County; The Committee of Ten And Its Members, Frances Holbrook, David J. Schilling, Dushan Budimir, Debra Lynn Wesley, William Fehrmann, Eunice Giammona, Lori Budimir, Michael Wesley, Hugo Montenegro, Theresa Brezinski; and School District No. 58, Defendants-Appellees.
• Court: United States Appellate Court of Illinois

789 N.E.2d 800

339 Ill. App.3d 194

273 Ill.Dec. 626

PUFFER-HEFTY SCHOOL DISTRICT No. 69 and Bruce Weeks, Plaintiffs-Appellants, v. The DU PAGE REGIONAL BOARD OF SCHOOL TRUSTEES OF DU PAGE COUNTY and its Members, R. Donald Mahlke, Laura Pollastrini, Joseph Patricelli, Gloria K. Scigousky, Martha Rogers, Debra Olson, Gwendolyn L.

Bates, and Berardo J. Desimone, Regional Superintendent of the Schools of Du Page County and ex officio Secretary of the Regional Board of School Trustees for Du Page County; The Committee of Ten And Its Members, Frances Holbrook, David J. Schilling, Dushan Budimir, Debra Lynn Wesley, William Fehrmann, Eunice Giammona, Lori Budimir, Michael Wesley, Hugo Montenegro, Theresa Brezinski; and School District No. 58, Defendants-Appellees.

No. 2-02-0196.

Appellate Court of Illinois, Second District.

April 25, 2003.

Rehearing Denied June 3, 2003.

Patrick K. Bond, Mary E. Dickson, Bond, Dickson & Associates, P.C., Wheaton, Burton S. Odelson, Amy E. Smith, Odelson & Sterk, Ltd., Evergreen Park, for Puffer-Hefty School District No. 69, Bruce Weeks.

Karl R. Ottosen, Maureen Anichini Lemon, Stephanie A. Benway, Ottosen Trevarthen Britz Kelly & Cooper, Ltd., Wheaton, for Theresa Brezinski, Dushan Budimir, Lori Budimir, Committee of Ten, William Fehrmann, Eunice Giammona, Frances D. Holbrook, Deanne Marik, Hugo Montenegro, David J. Schilling, Debra Lynn Wesley, Michael Wesley.

Rinda Y. Allison, Klein, Thorpe & Jenkins, Ltds., Lisa Madigan, Attorney General, Roger P. Flahaven, Assistant State's Attorney, Chicago, Nancy J. Wolfe, Assistant State's Attorney, Wheaton, for Gwendolyn

L. Bates, Berardo J. Desimone, Du Page Regional Board of School Trustees, R. Donald Mahlke, Debra Olson, Joseph Patricelli, Laura Pollastrini, Martha Rogers, School District No. 58, Gloria K. Scigousky.

Presiding Justice HUTCHINSON delivered the opinion of the court:

Plaintiffs, Puffer-Hefty School District No. 69 (Puffer-Hefty) and Bruce Weeks, appeal from an order of the circuit court of Du Page County on administrative review affirming a decision by defendant Du Page Regional Board of School Trustees (the Board). Pursuant to sections 7-2a(b) and 7-11 of the School Code (105 ILCS 5/7-2a(b), 7-11 (West 1996)), the Board dissolved Puffer-Hefty and annexed its territory to defendant Downers Grove School District No. 58 (Downers Grove). Plaintiffs filed a complaint seeking administrative review of the Board's decision and a judgment declaring section 7-2a(b) of the School Code unconstitutional. The trial court affirmed the Board's decision but declined to rule on the constitutionality of the statute. Plaintiffs timely appeal to this court, challenging the Board's decision and the constitutionality of the statute. For the reasons that follow, we affirm the Board's decision and uphold the constitutionality of section 7-2a(b) of the School Code.

The following facts are taken from the record on appeal, including the Board's factual findings, which are "held to be prima facie true and correct" (735 ILCS 5/3-110 (West 2000)). Puffer-Hefty is situated within Du Page County, and in July 1997 its population numbered less than 5,000 residents. In October 1996, residents of Puffer-Hefty filed a petition pursuant to sections 7-2a(b) and 7-11 of the School Code (105 ILCS 5/7-2a(b), 7-11 (West 1996)), seeking to dissolve the school district and annex its territory to a contiguous school district. In December 1996 the Board dismissed the petition because the petition lacked the proper designation of a "committee of 10" petitioners as required by section 7-6(c) of the School Code (105 ILCS 5/7-6(c) (West 1996)), and the Board, therefore, lacked jurisdiction.

On January 27, 1997, defendant Committee of Ten conducted a public informational meeting to inform residents of Puffer-Hefty of the proposed dissolution and to answer questions regarding the proposed dissolution. Prior to that, the Committee of Ten gave at least 10 days' notice of the meeting by publication in the Chicago Tribune.

On July 25, 1997, the Committee of Ten filed a second petition seeking dissolution of Puffer-Hefty and annexation of its territory pursuant to sections 7-2a(b) and 7-11 of the School Code (105 ILCS 5/7-2a(b), 7-11 (West 1996)). As of July 25, 1997, Puffer-Hefty had 1,947 registered voters. The petition filed on July 25 contained 1,169 signatures. The parties later stipulated that, of those 1,169 signatures, 3 individuals had moved or died before July 25, 1997, thereby invalidating those signatures, and 65 signatures were duplicates and should be counted only once. The parties agreed that, after the subsection of those 68 signatures, the petition contained 1,101 valid signatures.

On October 6, 1997, the Board dismissed the second petition after it determined that it violated section 7-8 of the School Code (105 ILCS 5/7-8 (West 1996)), which prohibited the filing of a similar petition for dissolution and annexation within two years of the resolution of an earlier petition. On administrative review, the trial court reversed the Board's dismissal of the second petition, and this court affirmed. See Holbrook v. Regional Board of School Trustees, 305 Ill.App.3d 744, 238 Ill.Dec. 982,713 N.E.2d 228 (1999).

On remand, the Board resumed hearings and designated December 10, 1999, as the final date by which the parties could submit signature withdrawals, rescission of signature withdrawals, and signature additions to the original petition. The Board reconvened on July 17, 2000, to rule on the petition. The Board first made decisions regarding the validity of the signatures to be withdrawn from and added to the petition. The Board then voted unanimously that the petition was signed by a majority of the registered voters of Puffer-Hefty and that the petition was properly filed under section 7-2a(b) of the School Code. The Board thereafter recognized the dissolution of Puffer-Hefty and indicated it would conduct further hearings regarding the issue of annexation.

On February 15, 2001, after conducting additional hearings, the Board decided to annex Puffer-Hefty to Downers Grove. See 105 ILCS 5/7-11 (West 1996). The Board's decisions were reflected in its written order dated February 22, 2001. On March 5, 2001, plaintiffs filed a complaint in the trial court seeking administrative review of the Board's decision and seeking a declaratory judgment that section 7-2a(b) of the School Code was unconstitutional. Both sides fully briefed the issues. On January 25, 2002, the trial court affirmed the Board's decisions to dissolve Puffer-Hefty and annex its territory to Downers Grove. Plaintiffs timely appeal following the trial court's denial of their motion to reconsider.

[The following material is nonpublishable under Supreme Court Rule 23.]

[The preceding material is nonpublishable under Supreme Court Rule 23.]

Plaintiffs first contend that the trial court erred when it declined to rule on the constitutionality of section 7-2a(b) of the School Code (105 ILCS 5/7-2a(b) (West 1996)). Plaintiffs argued that section 7-2a(b) violated the equal protection clause (U.S. Const., amend.XIV) and constituted special legislation (Ill. Const.1970, art. IV, § 13). The trial court determined that, because nonconstitutional grounds existed to deny Puffer-Hefty relief, it was unnecessary to consider the constitutionality of section 7-2a(b).

In determining whether the trial court erred when it declined to consider the constitutionality of section 7-2a(b), we are guided by the general principles governing an agency's or a tribunal's authority to decide constitutional issues raised in administrative proceedings. An administrative agency must accept as constitutional the statute over which it has jurisdiction. Board of Education of Rich Township High School District No. 227 v. Brown, 311 Ill.App.3d 478, 490, 244 Ill. Dec. 68, 724 N.E.2d 956 (1999). An administrative agency lacks the authority to invalidate a statute on constitutional grounds or even to question its validity. Texaco-Cities Service Pipeline Co. v. McGaw, 182 Ill.2d 262, 278, 230 Ill.Dec. 991, 695 N.E.2d 481 (1998), citing Moore v. City of East Cleveland, 431 U.S. 494, 497 n. 5, 97 S.Ct. 1932, 1934 n. 5, 52 L.Ed.2d 531, 536 n. 5 (1977); Brown, 311 Ill.App.3d at 490, 244 Ill.Dec. 68, 724 N.E.2d 956. Such matters must be raised before the trial court, which is vested with original jurisdiction over constitutional issues raised in a complaint for administrative review. Brown, 311 Ill.App.3d at 491, 244 Ill.Dec. 68, 724 N.E.2d 956. A trial court's review of constitutional issues on administrative review is de novo. Brown, 311 Ill.App.3d at 488, 244 Ill.Dec. 68, 724 N.E.2d 956, citing Howard v. Lawton, 22 Ill.2d 331, 175 N.E.2d 556 (1961). In the present case, plaintiffs' complaint for administrative review specifically sought a declaration that section 7-2a(b) of the School Code was unconstitutional. Both sides fully briefed the constitutional issue. The trial court was given the opportunity to consider the issue. See, e.g., Michigan-Chestnut Ltd. Partnership v. Rosewell, 104 Ill.App.3d 249, 252, 60 Ill. Dec. 16, 432 N.E.2d 915 (1982),

citing Steven v. Falese Land Co., 50 Ill.App.3d 231, 246, 8 Ill.Dec. 581, 365 N.E.2d 967 (1977) (declining to address constitutional questions that the trial court was not given an opportunity to consider). However, it declined to rule on the constitutional issue. This was error.

Remand is unnecessary, though. If the issue is one of law and is fully briefed and argued by the parties, this court may consider the issue for the first time on appeal. See Committee for Educational Rights v. Edgar, 174 Ill.2d 1, 11, 220 Ill.Dec. 166, 672 N.E.2d 1178 (1996), citing People ex rel. Daley v. Datacom Systems Corp., 146 Ill.2d 1, 27, 165 Ill.Dec. 655, 585 N.E.2d 51 (1991); see also Church v. State of Illinois, 164 Ill.2d 153, 163, 207 Ill.Dec. 6, 646 N.E.2d 572 (1995) (wherein the trial court did not...